Joan Burton (Dublin West, Labour)
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88. To ask the Minister for Finance the definition of commercial property transactions for stamp duty as increased in budget 2018; and if he will make a statement on the matter. [44791/17]

Paschal Donohoe (Dublin Central, Fine Gael)
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I am advised by Revenue that the Stamp Duties Consolidation Act 1999 does not contain a definition of commercial property as such. Instead, the Act defines “residential property” and property either comes within this definition or is treated by default as ‘non-residential’ property. A residential property is essentially a dwelling house (including an apartment), or a partially constructed dwelling house, including curtilage of up to an acre.

The more common examples of non-residential property include:

- land (agricultural and non-agricultural);

- sites (other than sites purchased with a connected agreement to build a house or apartment);

- commercial or business premises, including offices, factories, shops and public houses;

- options over land;

- interests in land (such as wayleaves or other rights to lay cables, pipes, wires or other conduits);

- easements (a right over someone's property such as a right of way);

- business assets like goodwill or book debts.